TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 221. WETLAND MITIGATION

SUBCHAPTER B. WETLAND MITIGATION BANKING AND CONTRACTS



§ 221.021. ACTIONS TO ESTABLISH OR MAINTAIN MITIGATION BANK.
     (a) With the approval of the General Land Office, a state
      agency or eligible political subdivision may take any necessary and reasonable action to comply with a federal requirement to establish or maintain a mitigation bank. An action under this section may include:
          (1) authorizing or making a continuing study of wetland areas and wetland mitigation programs;
          (2) consistent with federal requirements, engaging in a wetland mitigation program and adopting and enforcing permanent land use and control measures on land the agency or subdivision owns in a mitigation bank;
          (3) consulting with, providing information to, and entering into an agreement with a federal agency to identify and publish information about wetland areas;
          (4) cooperating with a federal or state agency in connection with a study or investigation regarding the adequacy of a local measure with respect to a federal or state wetland program;
          (5) improving the long-range management or use of wetland or a wetland mitigation bank;
          (6) purchasing, leasing, condemning, or otherwise acquiring property inside or outside the eligible political subdivision that is necessary for a wetland mitigation bank or buffer zone and, as necessary, improving the land or other property as a wetland mitigation bank, including any adjacent buffer zone, to comply with a federal requirement;
          (7) requesting or receiving aid from a federal or state agency or an eligible political subdivision;
          (8) purchasing, selling, or contracting to purchase or sell a mitigation credit in a mitigation bank;
          (9) incurring a liability or borrowing money on terms approved by the governing body of the subdivision;
          (10) acquiring, holding, using, selling, leasing, or disposing of real or personal property, including a license, patent, right, or interest, that is necessary, convenient, or useful for the full exercise of a power under this chapter;
          (11) contracting with any operator to use or operate any part of a mitigation bank; and
          (12) procuring any type of insurance and paying an insurance premium in an amount the governing body of the eligible political subdivision considers necessary or advisable.
     (b) The power of eminent domain granted by this section does not enable a state agency or eligible political subdivision to acquire by condemnation an interest in land that is owned or used by a public utility. In this subsection, "public utility" has the meaning assigned by the Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes).

Added by Acts 1997, 75th Leg., ch. 165, § 24.01(a), eff. Sept. 1, 1997.

§ 221.022. OPTIONAL MITIGATION BANK PROVISIONS.
     A mitigation bank project may include a provision for:
          (1) a park;
          (2) recreation;
          (3) a scenic area; or
          (4) flood control.

Added by Acts 1997, 75th Leg., ch. 165, § 24.01(a), eff. Sept. 1, 1997.

§ 221.023. MITIGATION BANK CONTRACTS;
     CONTRACT PAYMENTS. (a) A state agency or eligible political subdivision may contract with another state agency or eligible political subdivision to pay jointly any part of the cost to acquire, design, construct, improve, or maintain a wetland mitigation bank or a buffer zone.
     (b) Payment of the cost of a project or a payment required to be made under a contract may be made out of bond proceeds, taxes, or any other money available for the payment.
     (c) If a contract provides for payment over a term of years, an eligible political subdivision may impose a tax in an amount necessary to:
          (1) create a sinking fund for the contract payments; and
          (2) make the payments when due.

Added by Acts 1997, 75th Leg., ch. 165, § 24.01(a), eff. Sept. 1, 1997.